High Court of KeralaDivision BenchFirst batch of petitions allowed; second batch ...
WA NO. 705 OF 2017 & connected cases
Case / Petition Number:WA NO. 705 OF 2017 & connected cases
Neutral Citation:/
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- A.K. Jayasankaran Nambiar
- Mohammed Nias C.P.
- Judgment Date
- 2022-12-01
- Court Decision / Holding
- First batch of petitions allowed; governing authority orders under the Payment of Gratuity Act quashed; employees entitled to gratuity under the 2011 Rules. Second batch of petitions dismissed; those retirees under the 2001 Rules not entitled to gratuity under the 1972 Act. The judgment aligns the entitlement with the Gurusewak Singh ruling, clarifying that gratuity rights depend on retirement date and applicable rule regime (2011 Rules for post-2011 retirees; no statutory gratuity under 1972 Act for pre-2011 retirees).
- Final Disposition
- First batch of petitions allowed; second batch dismissed.
Parties to the Case
Appellants / Petitioners
- Senior Superintendent of Post Offices, Idukki Division, Thodupuzha
- Senior Superintendent of Post Offices, Kollam Division, Kollam District
- Superintendent of Post Offices, Pathanamthitta Division
- Senior Superintendent of Post Offices, Kollam Division (Kollam District)
- Superintendent of Post Offices, Pathanamthitta Division, Pathanamthitta
Respondents
- Regional Labour Commissioner (Central) and Controlling Authority under the Payment of Gratuity Act, 1972
- Assistant Labour Commissioner (Central) and Controlling Authority under the Payment of Gratuity Act, 1972
- C.P. Abraham Chirayil (Address: Vandamattom, Kodikulam P.O, Thodupuzha, Idukki District)
Legal Representation & Advocates
Counsels for Petitioners
- • Manu S., DSG of India
Counsels for Respondents
- • Sajith Kumar V. (CGC)
- • Sindhumol T.P. (CGC)
- • P. L. Venugopal (CGC)
- • B. Ramachandran (CGC)
Case Synopsis & Summary
These writ appeals/petitions from several Senior Superintendents of Post Offices across Kerala challenge various orders of the Regional Labour Commissioner (Central) and the Controlling Authority under the Payment of Gratuity Act, 1972, concerning gratuity entitlement for Gramin Dak Sewaks (GDS). Heard by a Division Bench, the matter culminates in a consolidated judgment on 1 December 2022. The core legal issue is whether the Postal Department falls within the definition of an establishment under the Payment of Gratuity Act and whether GDS are “employees” under Section 2(e) of the Act, given the operation of Gramin Dak Sewak (Conduct and Engagement) Rules, 2011 (and the earlier 2001 Rules). The court traces two cohorts: those who retired after 18 April 2011, for whom the 2011 Rules or associated statutory rights apply; and those who retired before that date under the 2001 Rules, under which gratuity was not provided by the Act. Relying on Gurusewak Singh (2019 KHC 6339) and treating the Postal Department as an establishment for the Act, the court holds that the first batch is entitled to gratuity under the 2011 Rules (and quashes the authorities’ orders under the 1972 Act), while the second batch (pre-18.04.2011 retirees under the 2001 Rules) are not entitled to gratuity under the Act and their petitions are dismissed. The decision clarifies entitlement under two regulatory regimes and aligns with the cited Gurusewak Singh ruling.
Provisions of Law Cited
Payment of Gratuity Act, 1972Section 2(e) of the Payment of Gratuity Act, 1972Section 4(5) of the Payment of Gratuity Act, 1972Gramin Dak Sewak (Conduct and Engagement) Rules, 2011Gramin Dak Sewak (Conduct and Engagement) Rules, 2001Indian Post Office Act, 1898Section 2(k) of the Indian Post Office Act, 1898Section 1(3)(b) of the Payment of Gratuity Act, 1972
Legal Doctrines & Maxims
- res integra
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contended that the Postal Department is an establishment within the meaning of the Payment of Gratuity Act, 1972, and that GDS are or can be treated as employees entitled to gratuity under the 1972 Act, at least for those retirees falling under the regime of the 2011 Gramin Dak Sewak Rules. They highlighted the two-regime structure: those retirements after 18.04.2011 (covered by the 2011 Rules providing gratuity as a right) and those before that date (under the 2001 Rules where gratuity was not statutory). Relying on Gurusewak Singh (2019 KHC 6339), they argued that the Act applies to establishments such as the Postal Department and that the employee-status of GDS must be determined in light of the 2011 Rules. They urged the court to quash the controlling authorities’ orders under the 1972 Act for the first batch and grant gratuity accordingly, while recognizing the pre-2011 retirees’ rights under the 2011 framework where applicable.
Contentions of Respondents
The respondents urged that the Gratuity Act’s coverage cannot be extended to Gramin Dak Sewaks in the absence of clear statutory entitlement under the 1972 Act for those under the older Rules. They advanced that the 2011 Rules exclude GDS from the Act’s employee definition, with gratuity to be governed by those Rules rather than the 1972 Act, and that the 2001 Rules had no statutory gratuity provision. They relied on Gurusewak Singh to emphasize the regime of 2011 Rules for post-2011 retirees and argued that the Department’s status as an establishment under the Act should be resolved in light of those rules. The respondents framed the case as a statutory priority question between old and new rules, seeking dismissal of the petitions as they pertain to pre-2011 retirees and upholding the gratuity non-availability under the 1972 Act for the second batch.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sr. Superintendent of Post Offices v. Gurusewak Singh and others | 2019 KHC 6339 | Positive | The judgment is treated as the binding authority clarifying that the 2011 Rules govern gratuity rights for post-2011 retirees and that the Postal Department is within the Act’s framework, shaping the present court’s conclusions. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
# **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH**
# **AGRAHAYANA, 1944**
**WA NO. 705 OF 2017**
**AGAINST THE JUDGMENTIN WPC 31048/2016 OF HIGH COURT OF**
**KERALA**
## **APPELLANTS/PETITIONERS:**
1 SENIOR SUPERINTENDENT OF POST OFFICES IDUKKI DIVISION, THODUPUZHA - 685 584. 2 SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM DISTRICT. BY ADV. MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENTOF GRATUITY ACT, 1972 RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 2 ASSISTANT LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITYACT, 1972, RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 3 C.P. ABRAHAM CHIRAYIL HOUSE, VANDAMATTOM, KODIKULAM P.O,THODUPUZHA,
## **WA NO. 705 OF 2017 & connected cases**
**==> picture [8 x 9] intentionally omitted <==**
IDUKKI DISTRICT - 685 582. BY ADV SRI.MARTIN G.THOTTAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.1854/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
3
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WA NO. 912 OF 2017**
**AGAINST THE JUDGMENT IN WPC 33391/2016 OF HIGH COURT OF**
## **KERALA**
## **APPELLANT/PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM DISTRICT.
SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM- 695 001. 2 ASSISTANT LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACTRAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695 001.
3 R.OMANA
## **WA NO. 705 OF 2017 & connected cases**
**==> picture [8 x 9] intentionally omitted <==**
THEGAZHIKKATHU VEEDU, PALAPPALLY, VILANGARA, PARIPALLY, KOTTARAKKARA- 691 574.
BY SRI.P.L.VENUGOPAL, CGC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
5
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WA NO. 1065 OF 2017**
**AGAINST THE JUDGMENT IN WPC 32830/2016 OF HIGH COURT OF**
## **KERALA**
## **APPELLANTS/PETITIONERS:**
1 SUPERINTENDENT OF POST OFFICES IDUKKI DIVISION, THODUPUZHA 2 SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION , KOLLAM DISTRICT. BY ADV. SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972 RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001.
2 ASSISTANT LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF
## **WA NO. 705 OF 2017 & connected cases**
6
GRATUITY ACT 1972 RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 3 K.V MARY PULIMOOTTIL HOUSE, CHINNA RESIDENCE, THODUPUZHA - 685 584.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
7
## **WA NO. 705 OF 2017 & connected cases**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA, 1944**
**WA NO. 1549 OF 2017**
**AGAINST THE JUDGMENT IN WPC 33775/2016 OF HIGH COURT OF**
## **KERALA**
## **APPELLANT/PETITIONER:**
SUPERINTENDENT OF POST OFFICES, PATHANAMTHITTA DIVISION
SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972 RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001.
2 ASSISTANT LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972 RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001.
8
## **WA NO. 705 OF 2017 & connected cases**
3 L.DEVAKIAMMA, S/O.PARAMESWARAN PILLAI, 'SURYA', KADAMBANAD P.O., PATHANAMTHITTA-691552
BY ADVS. SRI.SAJITH KUMAR V. BY SRI.B.RAMACHANDRAN, CGC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
9
## **WA NO. 705 OF 2017 & connected cases**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WA NO. 1688 OF 2017**
**AGAINST THE JUDGMENT IN WPC 33891/2016 OF HIGH COURT OF**
## **KERALA**
## **APPELLANT/PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES PATHANAMTHITTA DIVISION, PATHANAMTHITTA
BY ADV. SRI. S. BIJU, ASG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM- 695 001
2 ASSISTANT LABOUR COMMISSIONER CENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, RAMAMNILAYAM, T.C.25/3453,
10
## **WA NO. 705 OF 2017 & connected cases**
UPPALAM ROAD, THIRUVANANTHAPURAM- 695 001
3 T.N.GOMATHI
W/O KUTTAPPAN, AJI BHAVAN, MANAPPALLY SOUTH, SRP MARKET P.O. KOLLAM- 690 539
BY SRI.A.R.GANGADAS, CGC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
11
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WA NO. 1848 OF 2017**
**AGAINST THE JUDGMENT IN WPC 570/2017 OF HIGH COURT OF KERALA**
## **APPELLANT/PETITIONER:**
SUPERINTENDENT OF POST OFFICES MAVELIKKARA DIVISION, MAVELIKKARA.
BY ADV.
SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM. T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695001 2 ASSISTANT LABOUR COMMISSIONER CENTRAL AND CONTROLLING AUTHORITYUNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM. T.C 25/3453, UPPALAM ROAD,
12
## **WA NO. 705 OF 2017 & connected cases**
THIRUVANANTHAPURAM-695001
3 LEELAMONY AMMA PUTHENPURAYIL HOUSE, KARIMULLAKKAL, KOMALLUR PO, CHARUMMOOD-690 505 BY ADVS. SRI.SAJITH KUMAR V.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
13
## **WA NO. 705 OF 2017 & connected cases**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
**PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.**
**THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WA NO. 1849 OF 2017**
**AGAINST THE JUDGMENT IN WPC 35531/2016 OF HIGH COURT OF**
## **KERALA**
## **APPELLANT/PETITIONER:**
SENIOR SUPERINTENDENT KOLLAM DIVISION, KOLLAM DISTRICT.
SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, RAMANILAYAM, TC 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695 001. 2 ASSISTANT LABOUR COMMISSIONER CENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, RAMANILAYAM, TC 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695 001.
## **WA NO. 705 OF 2017 & connected cases**
**==> picture [15 x 9] intentionally omitted <==**
3 S. SHEELA W/O. LATE V.VENUGOPALA PILLAI, SREEVILAS, CHERUSSERI BHAGOM, CHAVARA P.O., KOLLAM-691 583.
SRI.SAJITH KUMAR V. BY SMT.SINDHUMOL.T.P., CGC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
15
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.**
**THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WA NO. 1850 OF 2017**
**AGAINST THE JUDGMENT IN WPC 35327/2016 OF HIGH COURT OF**
## **KERALA**
## **APPELLANT/PETITIONER:**
SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION KOLLAM DIVISION, KOLLAM DISTRICT.
SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, RAMANILAYAM, TC 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695 001.
2 ASSISTANT LABOUR COMMISSIONER CENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, RAMANILAYAM, TC 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695 001.
16
## **WA NO. 705 OF 2017 & connected cases**
3 C.K. GOPAKUMARAN PILLAI PRASANTH BHAVAN, PUDUKKADKARA P.O., MUKUNDAPURAM, KOLLAM-691 585.
SRI.SAJITH KUMAR V. BY SRI.P.L.VENUKUMAR, CGC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
17
## **WA NO. 705 OF 2017 & connected cases**
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WA NO. 1854 OF 2017**
**AGAINST THE JUDGMENT IN WPC 25094/2011 OF HIGH COURT OF**
**KERALA**
## **APPELLANT/PETITIONER:**
SUPERINTENDENT OF POST OFFICES CHANGANASSERY DIVISION, CHANGANASSERY.
BY ADVS. SRI.PRENJITH KUMAR.K.S.,CGC SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 P.M.NABEEZA W/O. AZIZ,THOPPUPARAMBIL HOUSE, MUNDAKAYAM EAST P.O.,, IDUKKI DISTRICT-686 513. 2 CONTROLLING AUTHORITY AND & ASSISTANT LABOURCOMMISSIONER(CENTRAL), OFFICE OF THE CONTROLLING, AUTHORITY FOR PAYMENT OF GRATUITY 1972 & ASST.,
18
## **WA NO. 705 OF 2017 & connected cases**
LABOUR COMMISSIONER(CENTRAL), THIRUVANANTHAPURAM.
BY SMT.MINI GOPINATH,CGC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
19
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WA NO. 1925 OF 2017**
**AGAINST THE JUDGMENT IN WPC 34561/2016 OF HIGH COURT OF KERALA**
## **APPELLANT/PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM DISTRICT.
BY ADV SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972,RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001.
2 ASSISTANT LABOUR COMMISSIONER CENTRAL AND CONTROLLING
## **WA NO. 705 OF 2017 & connected cases**
20
AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972,RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 3 N.THANKAPPAN KRISHNAPRIYA HOUSE, PANMANA PUTHENCHANTHA P.O., CHAVARA - 691 583.
BY SRI.SAJITH KUMAR V.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
21
## **WA NO. 705 OF 2017 & connected cases**
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.**
**THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WA NO. 2389 OF 2017**
**AGAINST THE JUDGMENT IN WPC 6620/2013 OF HIGH COURT OF**
## **KERALA**
## **APPELLANT/PETITIONER:**
SUPERINTENDENT OF POST OFFICES, VADAKARA DIVISION, VADAKARA 673 101
BY ADV SRI.JAISHANKAR V.NAIR, CGC
## **RESPONDENTS:**
1 SHRI.K.V.CHERIYAN (EX-GSDBPM) - 673 101 (EX-GSDBPM) - 673 101, KOOVATHOTTU HOUSE,P.O VILANGAD, VIA-KALLACHI. PIN.673506.
2 CONTROLLING AUTHORITY AND ASSISTANT LABOUR COMMISSIONERCENTRAL OFFICE OF THE CONTROLLING AUTHORITY FOR PAYMENT OF GRATUITY ACT 1972 & ASST. LABOUR COMMISSIONER (CENTRAL)ERNAKULAM, PIN.682030. BY SRI.S.BIJU, CGC
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
22
## **WA NO. 705 OF 2017 & connected cases**
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.**
**THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WP(C) NO. 21816 OF 2017**
## **PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENTOF GRATUITY ACT,. 1972, RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001.
2 P. GOPALAN EX GDS MD, VADAKKUMBHAGAM BO, RESIDING AT KAITHAKOOTTATHILERAKKOM, VADAKKUMBHAGOM,
23
## **WA NO. 705 OF 2017 & connected cases**
CHAVARA SOUTH, KOLLAM - 691 584.
BY ADVS.
SRI.SAJITH KUMAR V. BY SRI.S.BIJU, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
24
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
# **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WP(C) NO. 21971 OF 2017**
## **PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM BY ADV. SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM,TC. 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM 695001 2 P.ANANDAKRISHNA PILLAI KAVANAZHAKATHUY PUTHENVEEDU, NEENDAKARA KOLLAM 691582 SRI.SAJITH KUMAR V. BY SRI.N.JAGATH, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
25
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WA NO. 1926 OF 2017**
**AGAINST THE JUDGMENT IN WPC 35646/2016 OF HIGH COURT OF**
## **KERALA**
## **APPELLANT/PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES, KOLLAM DIVISION,KOLLAM DIST.
SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM- 695 001 2 ASSISTANT LABOUR COMMISSIONER CENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972,RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001.
3 N.RAJAN PILLAI PRAMOD BHAVAN,
## **WA NO. 705 OF 2017 & connected cases**
26
UMAYANALLUR INDUSTRIAL ESTATE P.O. KOLLAM- 691 589 BY ADV SRI.R.PRASANTH KUMAR, CGC SRI.SAJITH KUMAR V.
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
27
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
## **1944**
## **WP(C) NO. 20693 OF 2017**
## **PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION,KOLLAM. BY ADV.
SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT1972,RAMANILAYAM,T.C.25/3453, UPPALAM ROAD,THIRUVANANTHAPURAM-695001.
2 D.SUDHAMADEVI NANDASSERIL SOUTH,KATTIKKADAVU.P.O, KOLLAM-690542. BY ADVS. BY SRI.HARIDAS P.NAIR, CGC SRI.SAJITH KUMAR V.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
28
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WP(C) NO. 20865 OF 2017**
## **PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES, KOLLAM KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695001. 2 K.AMMINIKUTTY VENGARA, THODIYUR NORTH, THAZHAVA, KOLLAM-690523. BY ADVS. SRI.SAJITH KUMAR V. SRI.R.PRASANTH KUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WW NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
29
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WP(C) NO. 21054 OF 2017**
## **PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM. BY ADV.
SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER UNDER THE PAYMENT OF GRATUITY ACT,1972 RAMANILAYAM, T.C. 25/3453,UPPALAM ROAD, THIRUVANANTHAPURAM-695 001. 2 B. SHANKARI AMMA SREEBHAVAN NADUVILAKKARA, WEST KALLADA P.O., KOLLAM-691 500. BY SRI.P.L.VENUKUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
30
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
## **1944**
## **WP(C) NO. 21161 OF 2017**
## **PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM
BY ADV. SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, RAMANILAYAM, T.C. 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM- 695001
2 R. ARAVINDAKSHAN PILLAI AISWARYA, KOVOOR, ARINALLUR, KOLLAM- 690 538 BY ADVS. SRI.SAJITH KUMAR V. SRI.M.A.VINOD, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
31
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
## **1944**
**WP(C) NO. 21667 OF 2017**
## **PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001. 2 D. BABU ADITYAVILASOM, CHITTOOR, PONMANA, CHAVARA, KOLLAM - 691 583. BY ADVS. SRI.SAJITH KUMAR V. SRI.S.VAIDYANATHAN, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
32
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WP(C) NO. 22337 OF 2017**
## **PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT 1972, RAMANILAYAM, T.C 25/3453, UPPALAM ROAD,THIRUVANANTHAPURAM - 695 001. 2 INDIRABAI AMMA RAJESWARI BHAVAN, VETTILATHAZHAM, DECENT JUNCTION,MUGHATHALA, KOLLAM - 619 577. BY ADVS. SRI.SAJITH KUMAR V. SRI.M.L.SURESHKUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
33
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
## **WP(C) NO. 22734 OF 2017**
## **PETITIONER:**
SENIOR SUPERINTENDENT KOLLAM DIVISION, KOLLAM. BY ADV.
SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER 1972, RAMANILAYAM, T.C 25/3453, UPPALAM ROAD,THIRUVANANTHAPURAM.695001. 2 S.SIVANKUTTY EX GDS MD, MUKUNDAPURAM BO,RESIDING AT KANDOLIL KIZHAKKATHIL,PALAKKAL, THEVALAKKARA, KOLLAM.690524. BY ADVS. SRI.SAJITH KUMAR V.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
34
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
# **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WP(C) NO. 22970 OF 2017**
## **PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM BY ADVS. SRI.ANISH JAIN CGC SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER [CENTRAL] AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,1972 RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM PIN-695001 2 N.SIVADASAN, EX GDS MD, THODIYOOR NORTH BO RESIDING AT SMITHA BHAVAN P.V.NORTH, THAZHAVA,KOLLAM PIN-690523
BY ADV SRI.SAJITH KUMAR V.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
35
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
# **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WP(C) NO. 23121 OF 2017**
## **PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER [CENTRAL] AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972,RAMANILAYAM, T.C.25/3453, UPPALAM ROAD,THIRUVANANTHAPURAM - 695 001. 2 K.SUNDARESAN ASSARI TALOTTUVADAKKATHIL, CHAVARA BRIDGE, CHAVARA, KOLLAM - 691 583. BY ADVS. SRI.SAJITH KUMAR V. SRI.H.GOPAKUMAR,CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
36
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
## **&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
## **1944**
## **WP(C) NO. 23821 OF 2017**
## **PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION,KOLLAM. BY ADV.
SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER 1972 RAMANILAYAM,T.C.25/3453,UPPALAM ROAD,THIRUVANANTHAPURAM-695001. 2 SAFIA BEEVI MADATHILAZHIKKAM,NEDUMPANA, KANNANALLOOR,KOLLAM-691576.
BY ADV SRI.SAJITH KUMAR V. SRI.SATHEESH M.KUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
37
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
## **WP(C) NO. 24084 OF 2017**
## **PETITIONERS:**
SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972RAMANILAYAM, T.C 25/3453, UPPALAM ROAD,THIRUVANANTHAPURAM - 695 001. 2 L.ROHINIKUTTY AROMA, KILIKOLLUR P.O.,KOLLAM - 691 004. BY ADV SRI.SAJITH KUMAR V. SRI.P.L.VENUKUMAR, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
38
## **WA NO. 705 OF 2017 & connected cases**
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.**
**THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WP(C) NO. 25227 OF 2017**
## **PETITIONER:**
SUPERINTENDENT OF POST OFFICES PATHANAMTHITTA DIVISION, PATHANAMTHITTA BY ADV.
SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972RAMANILAYAM, T.C 25/3453,UPPALAM ROAD, THIRUVANANTHAPRUAM 695 001
2 ASSISTANT LABOUR COMMISSIONERCENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972RAMANILAYAM, T.C 25/3453,UPPALAM ROAD, THIRUVANANTHAPURAM 695 001 3 N. GOPALAKRISHNAN
## **WA NO. 705 OF 2017 & connected cases**
**==> picture [15 x 9] intentionally omitted <==**
LAKSHMI NIVAS, CHOORAKODE, MANAKALA 691 551
BY ADV SRI.SAJITH KUMAR V. SRI.M.C.MONY, CGC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
40
## **WA NO. 705 OF 2017 & connected cases**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
## **WP(C) NO. 25880 OF 2017**
## **PETITIONER:**
SUPERINTENDENT OF POST OFFICES PATHANAMTHITTA DIVISION, PATHANAMTHITTA.
BY ADV.
SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001.
2 ASSISTANT LABOUR COMMISSIONERCENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM, T.C 25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM - 695 001.
## **WA NO. 705 OF 2017 & connected cases**
**==> picture [15 x 9] intentionally omitted <==**
3 ELIZEBATH DAVID BIJU BHAVAN, PARAKKOOTTAM, MANAKALA - 691 551.
BY ADVS. SRI.S.VAIDYANATHAN, CGC SRI.SAJITH KUMAR V.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
**WA NO. 705 OF 2017 & connected cases**
42
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
# **PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WP(C) NO. 26342 OF 2017**
## **PETITIONER:**
SENIOR SUPERINTENDENT OF POST OFFICES KOLLAM DIVISION, KOLLAM. BY ADV. SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM 695 001. 2 K.KUMARI EX GDS, KARUNAGAPPALLY HO, RESIDING AT BABU BHAVAN, VADAKKUMTHAAL EAST PO, KOLLAM 690 536. BY ADVS.
SRI.SAJITH KUMAR V.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
43
## **WA NO. 705 OF 2017 & connected cases**
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT**
**THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
**THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.**
**THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
**1944**
**WP(C) NO. 31155 OF 2017**
## **PETITIONER:**
SUPERINTENDENT OF POST OFFICES, PATHANAMTHITTA PATHANAMTHITTA
BY ADV.
SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM T.C 25/3453,UPPALAM ROAD, THIRUVANANTHAPURAM 695 001
2 ASSISTANT LABOUR COMMISSIONERCENTRAL AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972 RAMANILAYAM T.C 25/3453,UPPALAM ROAD, THIRUVANANTHAPURAM 695 001
## **WA NO. 705 OF 2017 & connected cases**
**==> picture [15 x 9] intentionally omitted <==**
3 D KUNJUKUNJU CHIRAKONATHU PUTHEN VEEDU, EDAKKADU KADAMBANAD 691 552 BY ADVS. SRI.K.THYAGARAJESWARAN, CGC SRI.SAJITH KUMAR V.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
45
## **WA NO. 705 OF 2017 & connected cases**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR**
**&**
## **THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.**
**THURSDAY, THE 1[ST] DAY OF DECEMBER 2022 / 10TH AGRAHAYANA,**
## **1944**
## **WP(C) NO. 31522 OF 2017**
## **PETITIONER:**
SUPERINTENDENT OF POST OFFICES, PATHANAMTHITTA DIVISION, PATHANAMTHITTA.
BY ADV.
SRI.MANU S., DSG OF INDIA
## **RESPONDENTS:**
1 REGIONAL LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT,1972 , RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695001.
2 ASSISTANT LABOUR COMMISSIONER (CENTRAL) AND CONTROLLING AUTHORITY UNDER THE PAYMENT OF GRATUITY ACT, 1972, RAMANILAYAM, T.C.25/3453, UPPALAM ROAD, THIRUVANANTHAPURAM-695001.
3 P.RADHAMONI AMMA,
46
## **WA NO. 705 OF 2017 & connected cases**
ARYA BHAVAN, MANAKALA, KOLLAM-691551.
BY ADV SAJITH KUMAR V. SRI.P.L.VENUKUMAR, CGC
**THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.12.2022, ALONG WITH WA NO.705/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:**
**WA NO. 705 OF 2017 & connected cases**
47
## **A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ**
**…...................................................** WA Nos.705/2017,912/2017, 1065/2017, 1549/2017, 1688/2017, 1848/2017, 1849/2017, 1850/2017, 1854/2017,1925/2017, 2389/2017, and WP(C)No.21816/2017, WA No.1926/2017, WP(C)Nos.21971/2017, 20693/2017, 20865/2017, 21054/2017, 21161/2017, 21667/2017,22337/2017, 22734/2017, 22970/2017, 23121/2017, 23821/2017, 24084/2017, 25227/2017, 25880/2017, 26342/2017, 31155/2017, 31522/2017
**…..............................................................**
## **Dated this the 1[st] day of December, 2022**
## **JUDGMENT**
## Mohammed Nias.C.P. J.
All the above cases relate to the applicability and entitlement of of the Gramin Dak Sewaks i.e., Extra Departmental Agents to receive gratuity under the provisions of the Payment of Gratuity Act, 1972 (hereinafter referred to as 'Act') or whether they are governed by the Gramin Dak Sewak (Conduct and Engagement) Rules, 2011, which came into force on 18.4.2011 in supercession of the Gramin Dak Sewak (Conduct and Engagement) Rules, 2001. For convenience, the above cases are divided into two categories. The first batch of cases are of the Gramin Dak Sewaks who retired after 18.4.2011 and the
**WA NO. 705 OF 2017 & connected cases**
48
second batch of employees who retired prior to 18.4.2011 when the Gramin Dak Sewak (Conduct and Engagement ) Rules, 2001 was in force. By the orders impugned in these cases, the controlling authority under the Payment of Gratuity Act, 1972, found that all the employees are entitled to gratuity as they are covered by the Payment of Gratuity Act, 1972, and had allowed their claims as prayed for.
## 2. The first batch deals with cases covered by Gramin Dak Sevak
(Conduct and Engagement) Rules, 2011, and comprise of the following
cases.
|Sl.<br>No|Case No.|Name of the employee|Date of<br>engagement|Date of<br>disengagement|
|---|---|---|---|---|
|1|WPC 21971/2017<br>Filed by Senior Superintendent of Post<br>Offices ,Kollam Division, Kollam|P ANANTHAKRISHNA<br>PILLAI|22.6.1983|25.10.2013|
|2|WPC 22734/2017<br>Filed by Senior Superintendent of Post<br>Offices , Kollam Division, Kollam|S SIVANKUTTY|31.12.1969|04.05.2016|
|3|WPC 21054/2017<br>Filed by Senior Superintendent of Post<br>Offices , Kollam Division, Kollam|B SHANKARI AMMA|03.04.1974|19.2.2015|
|4|WPC 21667/2017<br>Filed by Senior Superintendent of Post<br>Offices , Kollam Division, Kollam|D BABU|31.1.1995|19.9.2016|
|5|WPC 20693/2017|D SUSHAMADEVI||28.1.2016|
49
## **WA NO. 705 OF 2017 & connected cases**
||Filed by Senior Superintendent of Post<br>Offices , Kollam Division, Kollam||10.07.1979||
|---|---|---|---|---|
|6|WPC 24084/2017<br>Filed by Senior Superintendent of Post<br>Offices , Kollam Division, Kollam|L ROHINIKUTTY|25.7.1995|14.1.2014|
|7|WPC 25880/2017<br>Filed by Superintendent of Post<br>Offices, Pathanmathitta Division,<br>Pathanamthitta|ELIZABETH DAVID|07.05.1979|30.11.2014|
|8|WPC 26342/2017<br>Filed by Senior Superintendent of Post<br>Offices , Kollam Division, Kollam|K KUMARI|06.02.1981|07.01.2016|
|9|WPC 20865/2017<br>Filed by Senior Superintendent of Post<br>Offices , Kollam Division, Kollam|K AMMINIKUTTY|22.7.1983|09.06.2015|
|10|WPC 21161/2017<br>Filed by Senior Superintendent of Post<br>Offices , Kollam Division, Kollam|R ARAVINDAKSHAN<br>PILLAI|09.10.1985|13.04.2016|
|11|WPC 22970/2017<br>Filed by Senior Superintendent of Post<br>Offices , Kollam Division, Kollam|N SIVADASAN|08.08.1985|22.4.2016|
|12|WPC 22337/2017<br>Filed by Senior Superintendent of Post<br>Offices , Kollam Division, Kollam|INDIRABAI AMMA|02.08.1993|19.01.2016|
|13|WPC 23121/2017<br>Filed by Senior Superintendent of Post<br>Offices , Kollam Division, Kollam|K SUNDARESAN<br>ASSARI|27.6.1996|18.5.2013|
|14|WPC 23821/2017<br>Filed by Senior Superintendent of Post<br>Offices , Kollam Division, Kollam|SAFIA BEEVI|07.03.1987|19.3.2015|
|15|WPC 25227/2017<br>Filed by Superintendent of Post Offices,<br>Pathanamthitta Division,<br>Pathanamthitta|N GOPALKRISHNAN<br>NAIR|24.9.1980|10.02.2016|
|16|WPC 31155/2017|D KUNJUKUNJU|14.4.1984|21.3.2016|
50
## **WA NO. 705 OF 2017 & connected cases**
||Filed by Superintendent of Post Offices<br>, PPathanamthitta Division,<br>Pathanamthitta||||
|---|---|---|---|---|
|17|WPC 31522/2017<br>Filed by Superintendent of Post<br>Offices, Pathanamthitta Division,<br>Pathanamthitta|P RADHAMONI AMMA|22.12.82|27.7.2015|
|18|WA 1926/2017<br>Filed by Senior Superintendent of Post<br>Offices ,Kollam Division, Kollam District|N RAJAN PILLAI|16.4.1980|13.12.2011|
3. The issues involved in these cases are whether the Postal Department is an establishment under the provisions of the Payment of Gratuity Act, 1972 and also whether a Gramin Dak Sewak is an “employee” as per Section 2(e) of the Payment of Gratuity Act 1972 Act, and is entitled to payment of gratuity under the said Act? The questions are no loner _res integra_ as the issue raised in the above cases is squarely covered by the judgment of the Supreme Court in **Sr. Superintendent of Post Offices v. Gurusewak Singh and others** (2019 KHC 6339).
4. The decision of the Supreme Court in **Gurusewak Singh** held that the Post and Telegraphs Department would be an establishment under the Payment of Gratuity Act, 1972, as the Postal Department is an establishment under Section 2(k) of the Indian Post Office Act,
**WA NO. 705 OF 2017 & connected cases**
51
1898, and going by Section 1(3)(b) of the Payment of Gratuity Act, 1972 , it applies to every 'establishment' within the meaning of 'any law' for the time being in force and as the Indian Post Office Act, 1898 would fall under the expression 'law' under Section 1(3)(b) of the Payment of Gratuity Act.
5. The next issue that arose before the Supreme Court was whether a Gramin Dak Sewak is an “employee” as per Section 2(e) of the Payment of Gratuity Act 1972 Act and is entitled to payment of gratuity under the said Act? Construing the definition of employee under 2(e) of the 1972 Act, the court found that the Act excluded persons who held a post with the Central or State Government and are governed by any other Act or rules providing for payment of gratuity. Since the 2011 Rules had a separate provision for payment of gratuity to the Extra Departmental Agents, it was found that a Gramin Dak Sewak is not an “employee” under the 1972 Act. The further issue considered was whether the Gramin Dak Sewak is eligible for payment of gratuity under the 2011 Rules upon voluntary resignation under the 2011 Rules. The Supreme Court found that as a consequence of such resignation , the employee became dis-entitled for the payment of gratuity under the Statutory 2011 Rules applicable to Gramin Dak
**WA NO. 705 OF 2017 & connected cases**
52
Sewaks.
6. In the light of the position of law declared by the Supreme Court in the above judgment, it has to be held that those employees whose cases are covered by the 2011 Rules, namely, whose service ended after the Rules came into force, are not entitled to payment of gratuity under the Payment of Gratuity Act but will be entitled for payment of gratuity under the 2011 Rules. Accordingly, the orders passed by the controlling authority in these writ petitions are quashed. The employees will be entitled to get the eligible gratuity under the 2011 Rules and the authority concerned will make the payment without delay as there is no dispute on the date of joining, date of relieving or on the last drawn pay.
7. The second batch deals with cases covered by Gramin Dak Sevak (Conduct and Engagement) Rules, 2001. The cases coming
under the said Rules are the following:
|Sl.<br>No|Case No.|Name of the employee|Date of<br>engagement|Date of<br>disengagement|
|---|---|---|---|---|
|1|WA 1854/2017<br>Filed by Superintendent of Post<br>Offices, Changanassery Division,<br>Changanassery|P.M. NABEEZA|25.7.1968|10.07.2009|
|2|WA 1848/2017|LEELAMONY AMMA|07.02.1984|23.8.2008|
53
## **WA NO. 705 OF 2017 & connected cases**
||Filed by Superintendent of Post<br>Offices, Mavelikkara Division,<br>Mavelikkara||||
|---|---|---|---|---|
|3|WA 1065/2017<br>Filed by Superintendent of Post<br>Offices, Idukki Division<br>,Thodupuzha & another|K.V. MARY|04.10.1996|31.12.2007|
|4|WA 1688/2017<br>Filed by Senior Superintendent of<br>Post Offices, Pathanamthitta<br>Division, Pathanamthitta District|T.N. GOMATHY|24.2.1972|07.04.2010|
|5|WA 2389/2017<br>Filed by Superintendent of Post<br>Offices, Vadakra Division,<br>Vadakara|K.V. CHERIYAN|22.12.1969|26.9.2009|
|6|WA 1549/2017<br>Filed by Superintendent of Post<br>Offices, Pathanamthitta Division,<br>Pathanamthitta District|L DEVAKIAMMA|29.10.1971|25.5.2010|
|7|WA 912/2017<br>Filed by Senior Superintendent of<br>Post Offices, Kollam Division,<br>Kollam District|R OMANA|18.12.1979|15.03.2010|
|8|WA 1849/2017<br>Filed by Senior Superintendent of<br>Post Offices, Kollam Division,<br>Kollam District|S SHEELA|05.05.1981|11.12.2007|
|9|WA 1850/2017<br>Filed by Superintendent of Post<br>Offices, Kollam Division, Kollam<br>District|C. .K GOPAKUMARAN<br>PILLAI|17.1.1982|30.4.2009|
|10|WA 705/2017<br>Filed by Senior Superintendent of<br>Post Offices, Idukki Division,<br>Thodupuzha and another|C. .P ABHRAHAM|30.6.1983|18.4.2005|
|11|WP(C) 21816/2017<br>Filed by Senior Superintendent of<br>Post Offices, Kollam Division,|P GOPALAN|11.2.1977|31.10.2009|
54
## **WA NO. 705 OF 2017 & connected cases**
||Kollam||||
|---|---|---|---|---|
|12|WA 1925/2017<br>Filed by Senior Superintendent of<br>Post Offices, Kollam Division ,<br>Kollam District|N THANKAPPAN|14.1.1976|15.4.2011|
8. With respect to the second batch of cases, the learned single Judge in the impugned judgments from which the writ appeal arise had found that they are entitled to payment of gratuity under the 1972 Act. Two contentions were raised by the Postal Department before the learned single Judge, namely, applicability of the Payment of Gratuity Act, 1972 and the contention based on the Gramin Dak Sewak (Conduct and Engagement) Rules, 2011. The learned single Judge found that the Postal Department has to be seen as an establishment as referred to in Section 1(3)(b)of the Payment of Gratuity Act and repelled the argument on behalf of the Postal Department that it cannot be treated as an establishment under the Act. On the second question whether the terms and conditions of the appointment would take away the right of the employees to claim gratuity in terms of the Payment of Gratuity Act., it was found that even if the 2011 Rules are found to be applicable, it was the option of the employee to choose the better service conditions regarding payment of gratuity in terms of Section 4(5) of the Payment of Gratuity Act, and the employee had the
**WA NO. 705 OF 2017 & connected cases**
55
option to decide the same. In that view of the matter, it was found that the Payment of Gratuity Act applies to the employees.With respect to the cases covered under 2001 Rules, it is pertinent to note that there is no provision for gratuity under the said Rules.
9. The conclusion of the learned single Judge that the Act applies has to be upheld going by the parity of the reasoning in the decision in **Gurusewak Singh and others** (supra). We however, vacate the finding of the learned single Judge that the employees had two options even if the 2011 Rules apply in view of Section 4(5) of the Act. This finding is wrong for two reasons as the 2011 Rules would not apply to those who retired prior to 18.4.2011 and the 2001 Rules that did apply did not provide for payment of gratuity. We say this because although there were office memorandums issued to enable payment of gratuity to the employees, the payment of gratuity was in the nature of an ex-gratia payment at the discretion of the employer. It was only in the 2011 Rules that the payment of ex-gratia gratuity attained the nature of the right of the retiring employee that he could claim from the employer. The applicability of Section 4(5) of the Act would come in only if there are two options available to employees to claim gratuity as of right and in the instant case there was only one option i.e., to get the gratuity under the Payment of Gratuity Act. Thus the
**WA NO. 705 OF 2017 & connected cases**
56
writ appeals preferred against the judgment of learned single Judge and also the writ petitions of the employees, who retired prior to coming into force of the 2011 Rules, has to succeed and those orders of the controlling authority under the Payment of Gratuity Act are to be upheld.
In the result, in the first batch of cases, WP(C)Nos.21971/2017, 20693/2017, 20865/2017, 21054/2017, 21161/2017, 21667/2017, 22337/2017, 22734/2017, 22970/2017, 23121/2017, 23821/2017, 24084/2017, 25227/2017, 25880/2017, 26342/2017, 31155/2017, 31522/2017 & WA No.1926/2017 are allowed and the the orders of the controlling authority under the Act, 1972, impugned in the above cases are quashed.
In the second batch of cases, WA Nos.705/2017,912/2017, 1065/2017, 1549/2017,1688/2017, 1848/2017,1849/2017, 1850/2017, 1854/2017, 1925/2017, 2389/2017, and WP(C)No.21816/2017 are dismissed.
## **Sd/- A.K. JAYASANKARAN NAMBIAR, JUDGE**
## **Sd/- MOHAMMED NIAS C.P. JUDGE**
dlk/9.12.2022
## **WA NO. 705 OF 2017 & connected cases**
57
## **APPENDIX OF WP(C) 21816/2017**
## **PETITIONER EXHIBITS**
EXHIBIT P1 TRUE COPY OF ORDER NO.36/12/2017/RLC/TVM DATED 21.03.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.03.2017. EXHIBIT P3 TRUE COPY OF APPLICATION FILED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER DATED 14.03.2017.
58
## **WA NO. 705 OF 2017 & connected cases**
## **APPENDIX OF WP(C) 20693/2017**
## **PETITIONER EXHIBITS**
|EXHIBIT P1|TRUE COPY OF ORDER NO.36/81/2017/RLC/TVM|
|---|---|
||DATED 29.03.2017 ISSUED BY THE 1ST|
||RESPONDENT.|
|EXHIBIT P2|TRUE COPY OF THE PAYMENT NOTICE ISSUED|
||BY THE 1ST RESPONDENT DATED 21.03.2017.|
|EXHIBIT P3|TRUE COPY OF APPLICATION FILED BY THE|
||2ND RESPONDENT.|
|EXHIBIT P4|TRUE COPY OF THE REPLY STATEMENT FILED|
||BY THE PETITIONER DATED 14.03.2017.|
59
## **WA NO. 705 OF 2017 & connected cases**
## **APPENDIX OF WP(C) 20865/2017**
## **PETITIONER'S EXHIBITS**
EXHIBIT P1 TRUE COPY OF ORDER NO.36/80/2017/RLC/TVM DATED 29-03-2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE DATED 29-03-2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 0912-2016 FILED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT DATED 22-03-2017 FILE BY THE PETITIONER.
**WA NO. 705 OF 2017 & connected cases**
60
## **APPENDIX OF WP(C) 21054/2017**
## **PETITIONER'S EXHIBITS**
EXHIBIT P1 TRUE COPY OF ORDER NO. 36/79/2017/RLC/TVM DATED 29.03.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE DATED 29.03.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF APPLICATION DATED 01.02.2017 FILED BY THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT DATED 22.03.2017 FILED BY THE PETITIONER.
61
## **WA NO. 705 OF 2017 & connected cases**
## **APPENDIX OF WP(C) 21161/2017**
## **PETITIONER'S EXHIBITS**
EXHIBITP1 TRUE OPY OF ORDER NO.36/10/2017/RLC/TVM DATED 21-03-2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE DATED 21-03-2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF APPLICATION FILED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT DATED 14-03-2017 FILED BY THE PETITIONER
**WA NO. 705 OF 2017 & connected cases**
62
## **APPENDIX OF WP(C) 21667/2017**
## **PETITIONER'S EXHIBITS**
|EXHIBIT P1|TRUE COPY OF ORDER NO.36/09/2017/RLC/TVM|
|---|---|
||DATED 21.03.2017 ISSUED BY THE 1ST|
||RESPONDENT|
|EXHIBIT P2|TRUE COPY OF THE PAYMENT NOTICE ISSUED|
||BY THE 1ST RESPONDENT|
|EXHIBIT P3|TRUE COPY OF THE APPLICATION FILED BY|
||THE 2ND RESPONDENT|
|EXHIBIT P4|TRUE COPY OF THE REPLY STATEMENT DATED|
||14.03.2017 FILED BY THE PETITIONER.|
63
## **WA NO. 705 OF 2017 & connected cases**
## **APPENDIX OF WP(C) 22337/2017**
## **PETITIONER'S EXHIBITS**
|EXHIBIT P1|TRUE COPY OF ORDER NO.36/78/2017/RLC/TVM|
|---|---|
||DATED 29.03.2017 ISSUED BY THE 1ST|
||RESPONDENT.|
|EXHIBIT P2|TRUE COPY OF THE PAYMENT NOTICE ISSUED|
||BY THE 1ST RESPONDENT DATED 29.03.2017.|
|EXHIBIT P3|TRUE COPY OF THE APPLICATION FILED BY|
||THE 2ND RESPONDENT DATED 02.02.2017.|
|EXHIBIT P4|TRUE COPY OF THE REPLY STATEMENT FILED|
||BY THE PETITIONER DATED 22.03.2017.|
**WA NO. 705 OF 2017 & connected cases**
64
## **APPENDIX OF WP(C) 22734/2017**
## **PETITIONER'S EXHIBITS**
EXHIBITP1 TRUE COPY OF THE ORDER NO.36.11.2017/RLC/TVM DATED 21.3.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.2.2017;. EXHIBIT P3 TRUE COPY OF APPLICATION FILED BY THE 2ND RESPONDENT DATED 15.12.2016. EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER DATED 14.3.2017.
**WA NO. 705 OF 2017 & connected cases**
65
## **APPENDIX OF WP(C) 22970/2017**
## **PETITIONER'S EXHIBITS**
EXHIBIT P1: TRUE COPY OF THE ORDER NO.36/13/2017 /RLC/TVM DATED 21.03.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2: TRUE COPY OF THE PAYMENTNOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.03.2017 EXHIBIT P3: TRUE COPY OF APPLICATION FILED BY THE 2ND RESPONDENT DATED 13.12.2016 EXHIBIT P4: TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIOENR DATED 14.03.2017
**WA NO. 705 OF 2017 & connected cases**
66
## **APPENDIX OF WP(C) 23121/2017**
## **PETITIONER'S EXHIBITS**
|EXHIBIT P1.|TRUE COPY OF ORDER NO.36/08/2017/RLC/TVM|
|---|---|
||DATED 21.03.2017 ISSUED BY THE 1ST|
||RESPONDENT.|
|EXHIBIT P2.|TRUE COPY OF THE PAYMENT NOTICE ISSUED|
||BY THE 1ST RESPONDENT DATED 21.03.2017.|
|EXHIBIT P3.|TRUE COPY OF APPLICATION FILED BY THE|
||2ND RESPONDENT DATED 18.12.2016.|
|EXHIBIT P4.|TRUE COPY OF THE REPLY STATEMENT FILED|
||BY THE PETITIONER DATED 14.03.2017.|
**WA NO. 705 OF 2017 & connected cases**
67
## **APPENDIX OF WP(C) 23821/2017**
## **PETITIONER'S EXHIBITS**
|EXHIBIT P1|TRUE COPY OF ORDER NO.36/04/2017/RLC/TVM|
|---|---|
||DATED 21.03.2017 ISSUED BY THE 1ST|
||RESPONDENT|
|EXHIBIT P2|TRUE COPY OF THE PAYMENT NOTICE ISSUED|
||BY THE 1ST RESPONDENT DATED 21.03.2017|
|EXHIBIT P3|TRUE COPY OF APPLICATION FILED BY THE|
||02ND RESPONDENT DATED 13.12.2016|
|EXHIBIT P4|TRUE COPY OF THE REPLY STATEMENT FILED|
||BY THE PETITIONER DATED 14.03.2017.|
68
## **WA NO. 705 OF 2017 & connected cases**
## **APPENDIX OF WP(C) 24084/2017**
## **PETITIONER'S EXHIBITS**
EXHIBIT P1 TRUE COPY OF ORDER NO. 36/07/2017/RLC/TVM DATED 21.3.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT DATED 21.3.2017. EXHIBIT P3 TRUE COPY OF APPLICATION FILED BY THE 2ND RESPONDNET DATED 15.12.2016. EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER DATED 14.3.2017.
69
## **WA NO. 705 OF 2017 & connected cases**
## **APPENDIX OF WP(C) 25227/2017**
## **PETITIONER'S EXHIBITS**
|EXHIBIT P1|TRUE COPY OF APPLICATION IN FORM N DATED|
|---|---|
||09-12-2016|
|EXHIBIT P2|TRUE COPY OF REPLY STATEMENT IN G.A NO|
||14/2017 DATED 20-03-2017 FILED BY WRIT|
||PETITIONER|
|EXHIBIT P3|TRUE COPY OF THE ORDER NO.36/14/2017|
||RLC/TVM DATED 29-03-2017|
|EXHIBIT P4|TRUE COPY OF THE NOTICE FOR PAYMENT OF|
||GRATUITY NO 36/14/2017/RLC/TVM DATED 29-|
||03-2017|
**WA NO. 705 OF 2017 & connected cases**
70
## **APPENDIX OF WP(C) 25880/2017**
## **PETITIONER'S EXHIBITS**
EXHIBIT P1 TRUE COPY OF APPLICATION IN FORM N DATED 18.12.2016. EXHIBIT P2 TRUE COPY OF REPLY STATEMENT IN G.A NO.36/02/2017 DATED 20.03.2017. EXHIBIT P3 TRUE COPY OF THE ORDER NO.36/02/2017 RLC/TVM DATED 29.03.2017. EXHIBIT P4 TRUE COPY OF THE NOTICE FOR PAYMENT OF GRATUITY NO.36/02/2017/RLC/TVM DATED 29.03.2017.
**WA NO. 705 OF 2017 & connected cases**
71
## **APPENDIX OF WP(C) 26342/2017**
## **PETITIONER'S EXHIBITS**
EXHIBIT P1 TRUE COPY OF THE ORDER NO. 36/03/2017/RLC/TVM DATED 21.3.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER
**WA NO. 705 OF 2017 & connected cases**
72
## **APPENDIX OF WP(C) 31155/2017**
## **PETITIONER'S EXHIBITS**
EXHIBIT P1 TRUE COPY OF APPLICATION IN FORM N SUBMITTED BY THE 3RD RESPONDENT DATED 02-02-2017 EXHIBIT P2 TRUE COPY OF REPLY STATEMENT IN G.A NO 36/76/2017/RLC/TVM DATED 29-03-2017 EXHIBIT P3 TRUE COPY OF THE ORDER NO 36/76/2017 RLC/TVM DATED 29-03-2017 EXHIBIT P4 TRUE COPY OF THE NOTICE FOR PAYMENT OF GRATUITY NO. 36.76/2017/RLC/TVM DATED 29-03-2017
73
## **WA NO. 705 OF 2017 & connected cases**
## **APPENDIX OF WP(C) 31522/2017**
## **PETITIONER'S EXHIBITS**
EXHIBIT P1TRUE COPY OF APPLICATION IN FORM N SUBMITTED BY THE 3RD RESPONDENT DATED 02/02/2017. EXHIBIT P2TRUE COPY OF REPLY STATEMENT IN G.A.NO.36/77/2017/RLC/TVM DATED 29/03/2017. EXHIBIT P3TRUE COPY OF THE ORDER NO.36/77/2017 RLC/TVM DATED 29/03/2017. EXHIBIT P4TRUE COPY OF THE NOTICE FOR PAYMENT OF GRATUITY NO.36/77/2017/RLC/TVM DATED 29/03/2017.
74
## **WA NO. 705 OF 2017 & connected cases**
## **APPENDIX OF WP(C) 21971/2017**
## **PETITIONER'S EXHIBITS**
EXHIBIT P1 TRUE COPY OF THE ORDER NO. 36/82/2017/RLC/TVM DATED 29.03.2017 ISSUED BY THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE PAYMENT NOTICE ISSUED BY THE 1ST RESPONDENT DATED 29.03.2017 EXHIBIT P3 TRUE COPY OF THE APPLICATION FILED BY THE 2ND RESPONDENT DATED 02.02.2017 EXHIBIT P4 TRUE COPY OF THE REPLY STATEMENT FILED BY THE PETITIONER DATED 22.03.2017